Legal Opinion

D'Anthony v. Lender

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1999Published

1Opinion of the Court

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 11, 1998, which, in an action for specific performance of a contract to sell a cooperative apartment, denied plaintiff buyer’s motion for a new trial on the grounds of newly discovered evidence and fraud, unanimously affirmed, without costs.

The trial court’s decision after trial held that defendant seller was under no obligation to convey because plaintiff’s failure to supply all necessary documentation requested by the coop’s Board resulted in her never obtaining the Board’s consent, a condition of the sale. The…

2Cases cited2 opinions

  1. Prote Contracting Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1997
  2. DiIorio v. Gibson & Cushman of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1990

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